Schaff v. Miles
New York Court of Common Pleas
Appeal from trial term. Action by Davie Schaff and another against John Miles, impleaded with others, for goods sold and delivered. From a judgment rendered on a verdict for plaintiffs, and from an order denying a motion for a new trial, defendant Miles appeals.
1Opinion of the CourtBisohoff, J.
The record does not disclose that any exception was taken on the trial to the admission or exclusion of evidence, and upon evidence, to the sufficiency of which neither party at any time made objection,—except that the defendants did so upon a ground so clearly untenable that it was not urged upon this appeal,—the facts litigated were submitted to the jury for determination. No injustice is apparent from the verdict in the plaintiffs’ favor, and, having speculated upon the chance of a result favorable to themselves, the defendants should not now be heard to complain that it was error to…
2Cases cited4 opinions
- Barrett v. . the Third Avenue R.R. Co.New York Court of Appeals · 1871
- People Ex Rel. Dailey v. . LivingstonNew York Court of Appeals · 1879
- Caspar v. O'BrienThe Superior Court of New York City · 1873
- Rowe v. StevensThe Superior Court of New York City · 1872
3Cited by1 opinion
- Vanderhoef & Co. v. Youmans, Inc.Appellate Terms of the Supreme Court of New York · 1914